If it seems like just about every home on the market you see is part of a homeowners association (HOA), you're not imagining things. An estimated 30% of the U.S. population lives in a community that's governed by an HOA, according to the Foundation for Community Association Research.
In fact, back in 1970, only about 2.1 million Americans lived in an HOA. As of 2023, estimates put that number now at 75.5 million U.S. HOA residents.
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HOAs can be a mixed bag. On the plus side, these communities commonly often offer amenities like clubhouses, fitness centers, swimming pools, and other such perks that often don’t come with standalone homes. And being part of an HOA could mean minimizing your maintenance as a homeowner, since HOAs will often take care of things like lawn care and snow removal.
The problem with HOAs, aside from having to pay dues, is that they set rules for residents to follow. And some of those rules can be overly restrictive. But there are also certain rules that HOAs can’t actually enforce. Here are a few you should know about.
1. Rules that don’t comply with state and federal law
HOAs are allowed to set their own rules. But they can't set rules that violate federal or local regulations.
Barring a specific race or religious group from purchasing a home, for example, is a clear violation.
2. Rules infringing on your freedom of political speech
The Constitution gives all Americans the right to express themselves, and that includes sharing their political views. For this reason, your HOA can't tell you not to display a political sign because it doesn’t agree with your candidate or party of choice.
However, your HOA can set rules and as to where signs can be placed on your property.
3. Rules prohibiting you from displaying an American flag
The Freedom to Display the American Flag Act of 2005 states that HOAs cannot adopt or enforce policies that prevent homeowners from displaying an American flag on their property.
Now, your HOA may be able to set rules within that context, such as requiring that your flag not block your house number. But they can’t tell you not to express your patriotism.